Alok Kumar Ray And Ors vs The State Of Bihar And Ors
2022 Latest Caselaw 1326 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.10020 of 2018
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1. Alok Kumar Ray, S/o Sri Harish Chandra Ray resident of Village- Harpur Rewari Via Jitwarpur PS Angar ghat District Samastipur Roll No. 63001175181.

2. Rajeev Kumar son of Tejnarayan Yadav resident of Village- Baijupatti Ward No. 6 Bhatgama PS- Bhargama District- Araria, Roll No. 1204175205.

3. Kumari Chandan wife of Sri Sanjay Kumar resident of Village- Arania South, PO and PS Jandaha District Vaishali. Roll No. 5303175232.

4. Alok Kumar son of Ram Dev Rai resident of Village- Tarajivar PO- Baram Jiwar PS and District- Muzaffarpur. Roll No. 5101175218.

5. Mritunjay Kumar son of Ramchandra Sah resident of Village and PO Sahsol, PS Basnahi and District Saharsa. Roll No. 4103175121.

6. Esha Kumari Daughter of Sri Rajeshwar Mandal Wife of Rajesh Kumar Singh resident of Chithai Hariharpur Kalan Ward No. 13 PS Goriakothi Jamo Bazar and District Siwan Roll No. 9201178058.

7. Nikky Kumari Daughter of Bindeshwari Sharma Wife of Prahlad Chandra resident of Village- Murli Basantpur Ward No. 15 Via Saharsa Kachahari PS- Bangaon District- Saharsa Roll No. 4103175248.

8. Anurag Kumar son of Sri Rambalak Singh resident of Village- Kapsiya near Hanuman Mandir Via Dhabouli PS Sour Bazar District Saharsa Roll No. 4101171117.

9. Mangan Pandit son of Sri Laddu Pandit, resident of Village- Dasua PO Khesar PS- Belhar District Banka Roll No. 3203175445.

10. Pramod Kumar Mandal son of Nevalal Mandal resident of Village- Nagdahri PO Dholbazzaa Bazar, PS Rupauli, District Purnea Roll No. 1104175127.

11. Dharmendra Kumar son of Ram Swaroop Singh resident of Village-

Ismailpur PO Garaul PS Fatehpur District Vaishali Roll No. 5302175217.

... ... Petitioner/s

Versus

1. The State Of Bihar.

2. Chairman Bihar School Examination Board, Sinha Library Road, Patna- 1.

3. Secretary Bihar School Examination Board, Sinha Library Road Patna- 1

4. Examination Controller Misc. Bihar School Examination Board, Sinha Library Road Patna- 1.

5. Director [Educational] Bihar School Examination Board, Sinha Library Patna High Court CWJC No.10020 of 2018 dt.23-02-2022

Road Patna- 1.

6. Deputy Director Research and Training Education Department, Bihar, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.Diwakar Prasad Singh, Advocate For the Respondent/s : Mr.Madhaw Pd. Yadaw- G.P. 23 ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT Date : 23-02-2022

Heard learned counsel for the parties.

Petitioners have prayed for the following relief(s).

(i) That for issuance of appropriate writ order or Direction or Writ in the nature of Mandamus commanding the respondents to grant Marks for all the deleted questions to every candidates on Pro rata Basis as upheld by Hon'ble Supreme Court of India & as allowed Marks for all deleted questions in TET Examinations conducted in [1] Jharkhand, [2] Haryana, & [3] Rajasthan TET Examinations & publish fresh results modifying the result published.

(ii) That for issuance of appropriate writ order or Direction or Writ in the nature of Mandamus commanding the respondents to follow the judgment rendered by Hon'ble Supreme Court of India in Civil Appeal No.5318-5319 of 2013 [SLP (C) No.26341- 26342 of 2011 Vikas Pratap Singh & Ors Vs. State of Chhattisgarh & Ors.) & further follow the procedure of granting Marks for all deleted questions in TET Examinations conducted in [1] Jharkhand, [2] Haryana, & [3] Rajasthan TET Examinations & publish fresh results modifying the result published.

(iii) That for issuance of appropriate writ order or Direction or Writ in the nature of Mandamus commanding the respondents to identify the wrongdoers & punish them instead punishing the poor promising students whose future was jeopardized at some length due to framing wrong & misprinted questions i.e. 11 (Eleven) in Paper-I & 18 (Eighteen) in Paper-II as such the direction as Patna High Court CWJC No.10020 of 2018 dt.23-02-2022

given in LPA No.1287 of 2015 [Md. Nafis Nawaj Khan & Ors. Vs The State of Bihar & ors] passed by this Hon'ble High Court was not followed at all but the mistakes in wrong, misprinted, lack of one appropriate Answer, more then one answer in option were perpetuated with enhanced numbers as such a fresh & suitable directions be given to the respondents but by fixing the responsibility with suitable punishment too, since they have played with the future of career of thousand promising students burning midnight oil for getting pass the TET Examinations.

(iv) That for grant of any other relief or reliefs to which the petitioner is found entitled in law be granted to them."

Learned counsel for the respondents submits that

this case is squarely covered by judgment and order dated

09.08.2019 passed in C.W.J.C. No. 11762 of 2018, titled as

Chandra Prakash Sharma & Ors Vs. The State of Bihar & Ors.

Accordingly, this writ petition is disposed of in

same terms and conditions as of judgment and order dated

09.08.2019 passed in C.W.J.C. No. 11762 of 2018, titled as

Chandra Prakash Sharma & Ors Vs. The State of Bihar & Ors.

(S. Kumar, J) veena/rajiv-

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